|
Anthony Marshall, Appellant(s), v. Vanessa Marshall, Appellee(s).
|
5D2024-2130
|
2024-07-31
|
Closed
|
|
| Classification |
NOA Final - Circuit Family - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Seminole County
2018-DR-001738
|
Parties
| Name |
ANTHONY MARSHALL LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Vanessa Marshall
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Mark Edward Herr
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Seminole Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-09-16
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2024-08-28
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
APPEAL DISMISSED FAILURE TO PAY F/FEE
|
| View |
View File
|
|
| Docket Date |
2024-08-15
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
FILED 8/15, PER8/5 ORDER
|
|
| Docket Date |
2024-08-05
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Amended/Additional Filing(s) Needed; AA W/IN 10 DYS FILE AMENDED NOA
|
| View |
View File
|
|
| Docket Date |
2024-08-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-07-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-07-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
- Filed Below 7/26/2024Notice of Appeal
|
| On Behalf Of |
Anthony Marshall
|
|
|
|
ANTHONY MARSHALL, Appellant(s) v. WILMINGTON SAVINGS FUND SOCIETY, FSB, ETC., Appellee(s).
|
4D2023-1904
|
2023-08-09
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-011945
|
Parties
| Name |
ANTHONY MARSHALL LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Wilmington Savings Fund Society, FSB, etc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Sean Kerry Mills
|
|
| Name |
Hon. Christopher Pole
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-08-22
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Anthony Marshall
|
| View |
View File
|
|
| Docket Date |
2024-07-22
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB, etc.
|
| View |
View File
|
|
| Docket Date |
2024-07-11
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-07-11
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
ORDERED that, upon consideration of appellant's July 3, 2024 response, appellee's June 20, 2024 motion to strike is denied. The amended initial brief is deemed filed as of the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-07-03
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Reply to the Appellee's Motion to Strike
|
| On Behalf Of |
Anthony Marshall
|
|
| Docket Date |
2024-06-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
|
| Docket Date |
2024-06-14
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED sua sponte that the above-styled case is dismissed as to Appellant Jessica Caronda only for lack of prosecution.
|
| View |
View File
|
|
| Docket Date |
2024-05-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order on Motion for Extension of Time
|
| View |
View File
|
|
| Docket Date |
2024-05-07
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Initial Brief
|
|
| Docket Date |
2024-05-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Appellant's Motion for Extension to file a Response and its First Brief
|
|
| Docket Date |
2024-04-17
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
ORDERED that, upon consideration of appellant Anthony Marshall's March 25, 2024 response, appellee's February 19, 2024 motion to strike is granted. Appellant Anthony Marshall's appendix to the initial brief is stricken, as appellant did not follow the procedures outlined in Florida Rule of Appellate Procedure 9.200(b)(5) for preparing a statement of the evidence or proceedings and properly including same in the record on appeal. Appellant Anthony Marshall shall file, within ten (10) days from the date of this order, an amended initial brief and appendix without references to the improperly included materials. Appellee may file an amended answer brief as to Anthony Marshall within ten (10) days thereafter. Further, ORDERED that appellant Jessica Cardona shall file a response, within ten (10) days from the date of this order, to appellee's February 19, 2024 "Motion to Strike Appendix of Appellant Jessica Cardona and any References in Appellant's Initial Brief."
|
| View |
View File
|
|
| Docket Date |
2024-04-05
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
| On Behalf Of |
Anthony Marshall
|
|
| Docket Date |
2024-03-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion to Strike
|
|
| Docket Date |
2024-03-12
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORDERED that Appellants are directed to respond, within ten (10) days from the date of this order, to Appellee's February 19, 2024 motions to strike.
|
| View |
View File
|
|
| Docket Date |
2024-02-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief as to Appellant Jessica Cardona
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB, etc.
|
| View |
View File
|
|
| Docket Date |
2024-02-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike Appendix of Appellant Jessica Cardona and any references in Appellant's Initial Brief
|
|
| Docket Date |
2024-01-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Appellee's January 11, 2024 motion for extension of time is granted, and Appellee shall serve the answer brief on or before February 19, 2024. In addition, Appellee is notified that the failure to serve the brief within the time provided herein may foreclose Appellee's right to file a brief or otherwise participate in this appeal.
|
| View |
View File
|
|
| Docket Date |
2024-01-11
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB, etc.
|
|
| Docket Date |
2024-01-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2023-11-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Appellee's November 17, 2023 motion for extension of time is granted, and Appellee shall serve the answer brief on or before January 19, 2024. In addition, Appellee is notified that the failure to serve the brief within the time provided herein may foreclose Appellee's right to file a brief or otherwise participate in this appeal.
|
| View |
View File
|
|
| Docket Date |
2023-11-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2023-11-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Affidavit in Reply to Appellee's Motion to Declare Appellant's Brief Filed on 10/20/2023
|
| On Behalf Of |
Anthony Marshall
|
|
| Docket Date |
2023-11-01
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Record on Appeal Appellant
|
| On Behalf Of |
Anthony Marshall
|
|
| Docket Date |
2023-10-24
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
ORDERED that Appellee's October 20, 2023 motion to deem Appellant's initial brief filed as of October 20, 2023 is granted. The deadline for the answer brief shall run from October 20, 2023.
|
| View |
View File
|
|
| Docket Date |
2023-10-20
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
VERIFIED MOTION TO DEEM APPELLANTS' BRIEFS FILED AS OF 10/20/2023
|
|
| Docket Date |
2023-10-12
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Initial Brief
|
| On Behalf Of |
Jessica Cardona
|
|
| Docket Date |
2023-10-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Jessica Cardona
|
| View |
View File
|
|
| Docket Date |
2023-09-27
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal; 362 Pages
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-09-26
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Initial Brief, Anthony Marshall
|
|
| Docket Date |
2023-09-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief, Anthony Marshall
|
| View |
View File
|
|
| Docket Date |
2023-08-14
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED sua sponte that case numbers 4D23-1903 and 4D23-1904 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D23-1903.
|
|
| Docket Date |
2023-08-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Anthony Marshall
|
|
| Docket Date |
2023-08-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-08-09
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
|
| Docket Date |
2025-01-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-10-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORDERED that this court's order dated August 14, 2023, consolidating case numbers 4D2023-1903 and 4D2023-1904, is vacated. Case number 4D2023-1903 is closed and the appeal in case number 4D2023-1904 shall proceed. The amended initial brief, answer brief, and reply brief are treated as filed under 4D2023-1904.
|
| View |
View File
|
|
| Docket Date |
2024-05-28
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
ORDERED that Appellant Jessica Cardona in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that Appellant's amended initial brief and appendix have not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the amended initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
|
| View |
View File
|
|
| Docket Date |
2024-04-24
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORDERED that this court's April 17, 2024 order is vacated and the following is substituted in its place: ORDERED that, upon consideration of appellant Jessica Cardona's March 25, 2024 response, appellee's February 19, 2024 motion to strike is granted. Appellant Jessica Cardona's appendix to the initial brief is stricken, as appellant did not follow the procedures outlined in Florida Rule of Appellate Procedure 9.200(b)(5) for preparing a statement of the evidence or proceedings and properly including same in the record on appeal. Appellant Jessica Cardona shall file, within ten (10) days from the date of this order, an amended initial brief and appendix without references to the improperly included materials. Appellee may file an amended answer brief as to Jessica Cardona within ten (10) days thereafter. Further, ORDERED that appellant Anthony Marshall shall file a response, within ten (10) days from the date of this order, to appellee's February 19, 2024 motion to strike.
|
| View |
View File
|
|
|
|
Jessica Cardona, Appellant(s) v. WILMINGTON SAVINGS FUND SOCIETY, FSB, ETC., Appellee(s).
|
4D2023-1903
|
2023-08-09
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-011945
|
Parties
| Name |
Hon. Christopher Pole
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Jessica Cardona
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ANTHONY MARSHALL LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Wilmington Savings Fund Society, FSB, etc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Sean Kerry Mills
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-08-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Jessica Cardona
|
|
| Docket Date |
2024-10-18
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief *Duplicate*
|
| On Behalf Of |
Anthony Marshall
|
| View |
View File
|
|
| Docket Date |
2024-10-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORDERED that this court's order dated August 14, 2023, consolidating case numbers 4D2023-1903 and 4D2023-1904, is vacated. Case number 4D2023-1903 is closed and the appeal in case number 4D2023-1904 shall proceed. The amended initial brief, answer brief, and reply brief are treated as filed under 4D2023-1904.
|
| View |
View File
|
|
| Docket Date |
2024-08-22
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Anthony Marshall
|
| View |
View File
|
|
| Docket Date |
2024-07-22
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB, etc.
|
| View |
View File
|
|
| Docket Date |
2024-07-11
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-07-11
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
ORDERED that, upon consideration of appellant's July 3, 2024 response, appellee's June 20, 2024 motion to strike is denied. The amended initial brief is deemed filed as of the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-07-03
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Reply to the Appellee's Motion to Strike
|
| On Behalf Of |
Anthony Marshall
|
|
| Docket Date |
2024-06-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
|
| Docket Date |
2024-06-14
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED sua sponte that the above-styled case is dismissed as to Appellant Jessica Caronda only for lack of prosecution.
|
| View |
View File
|
|
| Docket Date |
2024-05-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order on Motion for Extension of Time
|
| View |
View File
|
|
| Docket Date |
2024-05-07
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Initial Brief
|
|
| Docket Date |
2024-05-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Appellant's Motion for Extension to file a Response and its First Brief
|
|
| Docket Date |
2024-04-17
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
ORDERED that, upon consideration of appellant Anthony Marshall's March 25, 2024 response, appellee's February 19, 2024 motion to strike is granted. Appellant Anthony Marshall's appendix to the initial brief is stricken, as appellant did not follow the procedures outlined in Florida Rule of Appellate Procedure 9.200(b)(5) for preparing a statement of the evidence or proceedings and properly including same in the record on appeal. Appellant Anthony Marshall shall file, within ten (10) days from the date of this order, an amended initial brief and appendix without references to the improperly included materials. Appellee may file an amended answer brief as to Anthony Marshall within ten (10) days thereafter. Further, ORDERED that appellant Jessica Cardona shall file a response, within ten (10) days from the date of this order, to appellee's February 19, 2024 "Motion to Strike Appendix of Appellant Jessica Cardona and any References in Appellant's Initial Brief."
|
| View |
View File
|
|
| Docket Date |
2024-04-05
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
| On Behalf Of |
Anthony Marshall
|
|
| Docket Date |
2024-03-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion to Strike
|
|
| Docket Date |
2024-03-12
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORDERED that Appellants are directed to respond, within ten (10) days from the date of this order, to Appellee's February 19, 2024 motions to strike.
|
| View |
View File
|
|
| Docket Date |
2024-02-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief as to Appellant Jessica Cardona
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB, etc.
|
| View |
View File
|
|
| Docket Date |
2024-02-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike Appendix of Appellant Jessica Cardona and any references in Appellant's Initial Brief
|
|
| Docket Date |
2024-01-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Appellee's January 11, 2024 motion for extension of time is granted, and Appellee shall serve the answer brief on or before February 19, 2024. In addition, Appellee is notified that the failure to serve the brief within the time provided herein may foreclose Appellee's right to file a brief or otherwise participate in this appeal.
|
| View |
View File
|
|
| Docket Date |
2024-01-11
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB, etc.
|
|
| Docket Date |
2024-01-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2023-11-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Appellee's November 17, 2023 motion for extension of time is granted, and Appellee shall serve the answer brief on or before January 19, 2024. In addition, Appellee is notified that the failure to serve the brief within the time provided herein may foreclose Appellee's right to file a brief or otherwise participate in this appeal.
|
| View |
View File
|
|
| Docket Date |
2023-11-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2023-11-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Affidavit in Reply to Appellee's Motion to Declare Appellant's Brief Filed on 10/20/2023
|
| On Behalf Of |
Anthony Marshall
|
|
| Docket Date |
2023-11-01
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Record on Appeal Appellant
|
| On Behalf Of |
Anthony Marshall
|
|
| Docket Date |
2023-10-24
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
ORDERED that Appellee's October 20, 2023 motion to deem Appellant's initial brief filed as of October 20, 2023 is granted. The deadline for the answer brief shall run from October 20, 2023.
|
| View |
View File
|
|
| Docket Date |
2023-10-20
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
VERIFIED MOTION TO DEEM APPELLANTS' BRIEFS FILED AS OF 10/20/2023
|
|
| Docket Date |
2023-10-12
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Initial Brief
|
| On Behalf Of |
Jessica Cardona
|
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| Docket Date |
2023-10-12
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief
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| On Behalf Of |
Jessica Cardona
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| View |
View File
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| Docket Date |
2023-09-27
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Record on Appeal; 362 Pages
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| On Behalf Of |
Clerk - Broward
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|
| Docket Date |
2023-09-26
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| Type |
Record
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| Subtype |
Appendix to Initial Brief
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| Description |
Appendix to Initial Brief, Anthony Marshall
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|
| Docket Date |
2023-09-26
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief, Anthony Marshall
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| View |
View File
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| Docket Date |
2023-08-14
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| Type |
Order
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| Subtype |
Order
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| Description |
ORD-Sua Sponte ~ ORDERED sua sponte that case numbers 4D23-1903 and 4D23-1904 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D23-1903.
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| Docket Date |
2023-08-09
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
WV:Waived
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|
| Docket Date |
2023-08-09
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2024-05-28
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| Type |
Order
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| Subtype |
Show Cause for Brief or Record on Appeal
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| Description |
ORDERED that Appellant Jessica Cardona in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that Appellant's amended initial brief and appendix have not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the amended initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
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| View |
View File
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| Docket Date |
2024-04-24
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| Type |
Order
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| Subtype |
Order Vacating/Withdrawing Order
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| Description |
ORDERED that this court's April 17, 2024 order is vacated and the following is substituted in its place: ORDERED that, upon consideration of appellant Jessica Cardona's March 25, 2024 response, appellee's February 19, 2024 motion to strike is granted. Appellant Jessica Cardona's appendix to the initial brief is stricken, as appellant did not follow the procedures outlined in Florida Rule of Appellate Procedure 9.200(b)(5) for preparing a statement of the evidence or proceedings and properly including same in the record on appeal. Appellant Jessica Cardona shall file, within ten (10) days from the date of this order, an amended initial brief and appendix without references to the improperly included materials. Appellee may file an amended answer brief as to Jessica Cardona within ten (10) days thereafter. Further, ORDERED that appellant Anthony Marshall shall file a response, within ten (10) days from the date of this order, to appellee's February 19, 2024 motion to strike.
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| View |
View File
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ANTHONY MARSHALL VS WILMINGTON SAVINGS FUND SOCIETY, FSB,
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4D2023-1875
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2023-08-03
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Closed
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| Classification |
Original Proceedings - Circuit Civil - Mandamus
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-011945
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Parties
| Name |
ANTHONY MARSHALL LLC
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| Role |
Appellant
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| Status |
Active
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|
| Name |
Wilmington Savings Fund Society, FSB, etc.
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| Role |
Respondent
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| Status |
Active
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| Representations |
Sean Kerry Mills
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|
| Name |
Hon. Marina Garcia-Wood
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2024-03-19
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| Type |
Disposition by Order
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| Subtype |
Denied
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| Description |
ORDERED that case numbers 4D2023-1684 and 4D2023-1875 are consolidated for the limited purpose of consideration by the same panel. Further,
ORDERED that the petitions for writ of mandamus are denied, without prejudice to petitioner raising his arguments in his pending appeal from the final judgment of foreclosure.
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| View |
View File
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| Docket Date |
2023-08-08
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| Type |
Misc. Events
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| Subtype |
Determination of Indigency/LT Order Insolvency
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| Description |
Certificate of Indigency ~ CLERK'S CERTIFICATE OF INDIGENCYThe Clerk of the District Court of Appeal, Fourth District, has received for filing a Motion to be Relieved of Costs, an Affidavit of Indigency, and a Certificate of Counsel (if required), and issues this Certificate of Indigency in accordance with section 57.081(1), Florida Statutes (2021). This case shall proceed without the requirement of prepayment of fees and costs, subject to the provisions of section 57.081(3), Florida Statutes (2021).
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| Docket Date |
2023-08-03
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| Type |
Petition
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| Subtype |
Petition Mandamus
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| Description |
Petition Mandamus
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| On Behalf Of |
Anthony Marshall
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| Docket Date |
2023-08-03
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| Type |
Record
|
| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition
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| On Behalf Of |
Anthony Marshall
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|
| Docket Date |
2023-08-03
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| Type |
Misc. Events
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| Subtype |
Affidavit
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| Description |
Affidavit ~ OF INDIGENT STATUS
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| On Behalf Of |
Anthony Marshall
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|
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ANTHONY MARSHALL, Petitioner(s) v. WILMINGTON SAVINGS FUND SOCIETY, FSB, etc., Respondent(s).
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4D2023-1684
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2023-07-07
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Closed
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|
| Classification |
Original Proceedings - Circuit Civil - Mandamus
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-011945
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Parties
| Name |
ANTHONY MARSHALL LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Wilmington Savings Fund Society, FSB, etc.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Sean Kerry Mills
|
|
| Name |
Hon. Marina Garcia-Wood
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
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| Status |
Active
|
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Docket Entries
| Docket Date |
2023-07-07
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| Type |
Misc. Events
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| Subtype |
Fee Status
|
| Description |
WV:Waived
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| Docket Date |
2023-07-07
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| Type |
Petition
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| Subtype |
Petition Mandamus
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| Description |
Petition Mandamus
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| On Behalf Of |
Anthony Marshall
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|
| Docket Date |
2023-10-05
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| Type |
Disposition by Order
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| Subtype |
Denied
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| Description |
Denied
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| View |
View File
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| Docket Date |
2023-07-11
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| Type |
Petition
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| Subtype |
Petition Mandamus
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| Description |
Petition Mandamus / Acknowledgment letter
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|
| Docket Date |
2023-07-07
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| Type |
Record
|
| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition
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| On Behalf Of |
Anthony Marshall
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|
|
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ANTHONY MARSHALL VS WILMINGTON SAVINGS FUND SOCIETY, FSB.
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4D2023-0899
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2023-04-11
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Closed
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|
| Classification |
NOA Final - Circuit Civil - Foreclosure
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-011945
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Parties
| Name |
ANTHONY MARSHALL LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Wilmington Savings Fund Society, FSB, etc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Sean Kerry Mills
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-05-24
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ "MOTION TO VACATE THE APPEAL DISMISSAL ORDER AND CONSIDER PETITIONER'S PETITION FOR WRIT OF CERTIORARI
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| On Behalf Of |
Anthony Marshall
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|
| Docket Date |
2023-05-24
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| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
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| On Behalf Of |
Anthony Marshall
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|
| Docket Date |
2023-05-24
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Anthony Marshall
|
|
| Docket Date |
2023-05-16
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-04-21
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-04-20
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ORDERS APPEALED
|
| On Behalf Of |
Anthony Marshall
|
|
| Docket Date |
2023-04-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2023-04-11
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
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|
| Docket Date |
2023-04-11
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Anthony Marshall
|
|
| Docket Date |
2023-04-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-06-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's May 24, 2023 motion for rehearing is denied.
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|
| Docket Date |
2023-05-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED sua sponte that this appeal is dismissed for lack of jurisdiction. See Fla. R. App. P. 9.130; Pineside Condo. Ass'n v. Rey, 342 So. 3d 741 (Fla. 3d DCA 2022) ("Appeals of non-final orders that fall outside the scope of Florida Rule of Appellate Procedure 9.130(a)(3) must be dismissed.") (citing Valledor Co. v. Decky, 338 So. 3d 956 (Fla. 3d DCA 2022)); Fascetti v. Fascetti, 795 So. 2d 1094, 1095 (Fla. 4th DCA 2001) ("Clerk's defaults are not independently appealable").LEVINE, FORST and ARTAU, JJ., concur.
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|
| Docket Date |
2023-04-24
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court’s subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the March 22, 2023 order is a nonfinal appealable order, as the order merely grants a motion to strike and enters a judicial default. See Fla. R. App. P. 9.130; Pineside Condo. Ass'n v. Rey, 342 So. 3d 741 (Fla. 3d DCA 2022) ("Appeals of non-final orders that fall outside the scope of Florida Rule of Appellate Procedure 9.130(a)(3) must be dismissed.") (citing Valledor Co. v. Decky, 338 So. 3d 956 (Fla. 3d DCA 2022)); Fascetti v. Fascetti, 795 So. 2d 1094, 1095 (Fla. 4th DCA 2001) ("Clerk's defaults are not independently appealable"). Further,Appellee may file a response within ten (10) days of service of that statement.
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